TERMS & CONDITIONS

Your use of this Web site constitutes your acceptance of Dr. Rachel's Terms and Conditions of Use (“Terms of Use” or “Agreement”)

This website, www.racheleppinga.com (this “Web Site”) is provided by [ENTITY] (“[Entity]”, “we”, or “us”). The content available on, or accessible through, this Web Site, such as text, graphics, images, information obtained from licensors, and other materials (the “Content”) is for informational and educational purposes only. Your access and/or use of this Web Site confirm your assent to be bound by the terms and conditions of these Terms of Use. If you are not willing to accept the terms and conditions in these Terms of Use, as modified or amended, or if you become dissatisfied with this Web Site, please immediately stop using this Web Site. Failure to abide by these Terms of Use may result in the immediate termination of your access to this Web Site, without recourse.
This Site provides general information regarding health issues, but the Content is not exhaustive of all physical conditions, ailments, diseases, or treatments. Neither this Web Site, nor its Content, is intended to treat, diagnose, cure, prevent, ameliorate, or palliate any disease or condition. The Content has not been evaluated by the FDA. Reliance on any Content is solely at your own risk.
Neither this Site, nor its Content, is for the purpose of medical diagnosis or treatment, including self-diagnosis or treatment, nor is it a substitute for individual medical or professional advice, care, diagnosis, or treatment. [Entity], and Dr. Rachel, do not recommend the self-management of one’s health care.

NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. YOU SHOULD SEEK THE ADVICE OF YOUR OWN PERSONAL PHYSICIAN OR HEALTH CARE PROVIDER: BEFORE TAKING ANY ACTION RELATED TO ANY CONTENT, INCLUDING THE UNDERTAKING OF ANY DIET, EXERCISE, OR OTHER HEALTH PLAN OR PROGRAM; OR IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, A MEDICAL CONDITION, OR ANY PLAN OR COURSE OF TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Acceptance of Terms

By using the Site, you agree to be bound by these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please leave the Site. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.

Anyone may access the Site, for which no personal data are collected, meaning that visitors may stay anonymous. However, if visitors/users wish to use certain services or products, whether paid or unpaid, they may have to leave personal data. We assure the users that any leaving of personally identifiable data will be dealt with in accordance with highest privacy standards and in particular in line with General Data Protection Regulation (hereinafter referred to as ‘GDPR’), and our Terms and Conditions and Privacy Policy.

The Web site Does Not Provide Medical Advice

The contents of the Web site www.racheleppinga.com (the “Web site”), which is owned and operated by Dr. Rachel Eppinga (“Dr. Rachel” “we” or “us”), such as text, graphics, images, information obtained from the Web site’s licensors and other material (“Content”) contained on the Web site is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, exercise or other health program described on the Web site. Dr. Rachel does not recommend self-management of one’s health care. Reliance on any information provided by or via the Web site is solely at your own risk.

Information obtained by using the Web site is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Web site is compiled from numerous sources. Dr. Rachel and its directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Web site. Should you have any health care–related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Web site. If you think you may have a medical emergency, call your doctor or 911 immediately.

The Web site contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.

Your Use of the Web site – Permissions and Restrictions

Dr. Rachel hereby grants you permission to access and use the Web site as set forth in these Terms of Use, under the following conditions:

You agree to use the Web site for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both United States and foreign laws, and contains trademarks and other proprietary information. Title to the Content remains with Dr. Rachel or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dr. Rachel. All rights not expressly granted herein are reserved to Dr. Rachel and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.

Dr. Rachel authorizes you to view or download a single copy of the material made available on the Web site solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Dr. Rachel. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.

You agree not to alter or modify any part of the Web site.

Any special rules for the use of certain software and other items provided on the Web site may be included elsewhere within the Web site and are incorporated into these Terms of Use by reference.

You agree not to access or use the Web site for any commercial use without the prior written authorization of Dr. Rachel. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Dr. Rachel’s express approval:

  • posting on or transmitting through the Web site any material which contains advertising or any solicitation with respect to products or services;
  • advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Web site;
  • selling of access to the Web site or its related services on another web site;
  • using the Web site or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
  • any use of the Web site or its related services that Dr. Rachel finds, in its sole discretion, to be a use of Dr. Rachel’s resources or User Submissions to compete with or displace the market for Dr. Rachel, racheleppinga.com content, or its User Submissions.

You agree that Dr. Rachel, should it accept a User Submission, may include that User Submission on the Web site for as long or as short a period of time as Dr. Rachel, at its sole discretion, chooses. Furthermore, you agree that Dr. Rachel may edit User Submissions.

You agree that Dr. Rachel shall have the right, but not the obligation, to monitor the content of the Web site and to remove any material that Dr. Rachel, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.

Dr. Rachel reserves the right to discontinue any aspect of the Web site at any time.

Customer Account and Registration

As a Registered User, you are required to establish an Account and receive or establish a password (“Password”) which can only be used by you. In registering for the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (the “Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not complete or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You are responsible for all activities that occur under your Account and your Password. You agree to notify Company immediately of any unauthorized use of your Account or Password or any other breach of security and to exit from your Account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of your Account.

Privacy

The Service is subject to Company’s Privacy Policy.

Revisions to Terms of Use

These Terms of Use may be revised, modified, altered or updated (“Modified Terms”) by Dr. Rachel at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Web site. Any access to or use of the Web site by you after such posting shall be deemed to constitute your acceptance of such Modified Terms.

Entire Agreement

These Terms of Use, as modified from time to time by Dr. Rachel, and including Dr. Rachel’s Privacy Policy incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

Ability to Accept Terms

You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Refund Policy

All sales are final. We do not accept returns.

Electronic Communications

When you visit the Sites or send e-mails to us, you are communicating with us electronically. By doing this, you consent to receive communications from us electronically. We will communicate with you via e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. NOTWITHSTANDING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT E-MAIL COMMUNICATION IS NOT SECURE, AND THEREFORE YOU AGREE THAT YOU WILL PHONE OR SECURE ONLINE FORMS ONLY TO EXCHANGE ALL CREDENTIALS, PERSONAL INFORMATION AND SUPPORT REQUESTS.

Online Commerce

Certain sections of the Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.

If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. In line with GDPR before placing your purchase order, we will ask you to consent on leaving the personal data needed for the transaction, like the above mentioned credit card number and contact information, and you will also be explained in clear and intelligible manner about the purpose of presenting such data. We shall always use only the data which are necessary for achieving that purpose, in line with the principle of data minimisation and purpose limitation. We shall also keep data only for the time that is necessary for fulfillment of its purpose, as declared in Privacy Policy. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. However, we always strive to make arrangements with those merchants who are reliable in business world and compliant with GDPR. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services, about which you will be duly informed.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Intellectual Property

Except with respect to the Content, including Your Content, you agree that Company and its suppliers own all rights, title and interest in the Sites, the Service and the Company Materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites, the Service or the Company Materials. Rachel Eppinga, Phoenix Rose Designs and/or other Rachel Eppinga products referenced herein are trademarks. Rachel Eppinga, may be registered in certain jurisdictions, and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Sites or in connection with the Service are the property of their respective owners.

By submitting ideas, suggestions, documents and/or proposals to Company through its contact form, email or similar web pages (“Feedback”), you agree that (1) your Feedback does not contain the confidential or proprietary information of third parties; (2) Company is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) Company shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; and (4) you are not entitled to any compensation or reimbursement of any kind from Company for the Feedback under any circumstances.

Disclaimer of Opinion

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Web site are those of the respective authors or producers and not of Dr. Rachel, or its shareholders, directors, officers, or employees. Under no circumstances shall Dr. Rachel, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Web site.

COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT OR THE COMPANY MATERIALS.

Advertisements, Product/Service Promotions and Links to Other Sites

Dr. Rachel discusses certain products and/or services of third parties on the Web site. Occasionally the third-party product and/or service provider will pay Dr. Rachel a referral fee for purchases made by individuals that are referred to it by Dr. Rachel. As noted above, Dr. Rachel makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Web site is at your own risk and is subject to these Terms of Use. Some of the hyperlinks on the Web site may lead to other web sites that are not controlled by, or affiliated with, Dr. Rachel. In addition, other web sites may link to the Web site. Unless expressly stated, Dr. Rachel has not reviewed or endorsed those web sites, has no control over those web sites and is not responsible for the content or privacy policies, or practices of any third party web sites. In addition, Dr. Rachel will not and cannot censor or edit the content of any third-party web site. By using the Web site, you expressly relieve Dr. Rachel from any and all liability arising from your use of any third-party web site that you visit through the Web site. Accordingly, we encourage you to be aware when you leave the Web site and to read the terms and conditions and privacy policy of each other web site that you visit.

Dr. Rachel is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Dr. Rachel including, without limitation, responses to questionnaires or through postings to the Web site, Dr. Rachel’s Facebook Page or Instagram Handle, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other web sites.

Disclaimer of Warranty

Reasonable efforts have been made to ensure the accuracy of information presented on the Web site, but the accuracy of this information cannot be guaranteed. The Web site, the Content, and any and all services or products promoted via the Web site are provided on an “as is” basis. The use of the Web site, the Content and any product or service discussed or promoted via the Web site is at your sole risk. When using the Web site, information will be transmitted over a medium that is beyond the control and jurisdiction of Dr. Rachel and its suppliers. Additionally, third parties, not Dr. Rachel, sell the products described in the “Health Store.” All dietary supplements and ingestible or topical products discussed on the Web site are sold by parties other than Dr. Rachel. While Dr. Rachel receives referral fees in many cases, it does not control the manufacture or formulation of the products, nor does it control any statements about products other than those on the Web site.

Limitation on Liability of Dr. Rachel

If you are dissatisfied with the Web site, any information found thereon, or with any of these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Web site. Dr. Rachel assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of the Web site.

Indemnification

You agree to defend, indemnify and hold harmless Dr. Rachel and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Web site and/or any information, services and/or goods purchased or provided via the Web site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (iv) any claim that any of your User Submissions caused damage to a third party. The obligations under this Section will survive these Terms of Use and your use of the Web site.

 

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

 

General

International Users. The Sites can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Company intends to announce such services or content in your country. The Sites and the Service are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Sites or the Service are appropriate or available for use in other locations. Those who access or use the Sites or the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Notice. Where Company requires that you provide an e-mail address, you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company addressed to Rachel Eppinga, 3821 NE MLK Jr. Blvd., Portland, OR 97212. Such notice shall be deemed given when received by Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail.

Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Dr. Rachel by your use of the Web site or otherwise. The provisions of these Terms of Use which by their sense and context are intended to survive the termination of these of Terms of Use or your use of the Web site shall so survive and continue to bind the parties. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dr. Rachel without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms of Use are for the benefit of Dr. Rachel, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.